Christopher J. Cariello
Senior Associate
New York
A Senior Associate in the Supreme Court and Appellate Group, Chris's practice focuses on high-stakes appeals and cutting-edge legal issues.
Chris is skilled in intellectual property law, specializing in the copyright and trademark issues that arise at the intersection of business and technology. He has represented major tech developers, biomedical manufacturers, retailers, and content creators on a wide range of critically important issues. From cutting-edge issues of personal jurisdiction, extraterritoriality, and damages in patent cases, to the trademark law’s trade dress, functionality, dilution, and nominative fair use doctrines, to the daunting copyright questions that confront technology providers and platforms in the digital age, Chris has litigated the most pressing questions in courts across the country.
In addition, Chris has a wealth of experience in class action defense in both trial and appellate courts, including two recent appellate victories as lead associate defending the denial of class certification. He has represented clients in appeals involving trade secrets, class action litigation, bankruptcy, telecommunications, constitutional law, and more. And he has counseled Fintech clients on novel issues confronting that industry.
Chris has authored merits briefs and cert. petitions in the U.S. Supreme Court, as well as dozens of briefs in federal and state courts of appeals. He has represented clients in trial courts, crafting dispositive motions, witness declarations, evidentiary objections, and jury instructions. And he has argued and won several cases in federal and state courts.
Chris also maintains an active pro bono practice. Last year, he argued and won a precedent-setting appeal in New York’s Appellate Division, persuading the court that the parole board violated his client’s constitutional rights. He has also won victories for clients in immigration cases and cases presenting novel legal issues under freedom of information laws.
Prior to joining Orrick, Chris was a law clerk to Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit and Chief Judge Carol B. Amon of the U.S. District Court for the Eastern District of New York.
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Intellectual property experience:
- Represented a major national retailer in an appeal of one of the largest trademark verdicts in history
- Represented a biomedical device manufacturer in an appeal presenting trademark functionality and estoppel issues
- Represented a consumer products manufacturer in ongoing trade dress litigation alleging infringement and dilution claims
- Represented a major technology provider in high-stakes copyright litigation presenting issues of infringement, volitional conduct, and fair use
- Represented a university in a major patent appeal, successfully defending one of the largest patent verdicts in history and setting the stage for a favorable settlement
- Represented a major tech company in overturning an adverse PTO decision before the Federal Circuit
- Represented an accused infringer in a precedent-setting copyright appeal concerning doctrines of vicarious infringement and willfulness
- Advised clients from video game creators to major tech companies on product development and litigation strategy
Major appeals
- Two Supreme Court merits cases, one presenting issues of attorney’s fees under the Copyright Act and the other concerning municipal liability
- An appeal from a major class action arising under the Telephone Consumer Protection Act
- Two defenses in appeals from the bankruptcy of a large municipality
- A full win in an appeal defending an online retail platform from antitrust claims
- A victory before the California Supreme Court in an appeal concerning the unfinished business doctrine
